State of Tennessee v. Grady Paul Gatlin - Dissenting

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs August 15, 2001 STATE OF TENNESSEE v. GRADY PAUL GATLIN Appeal from the Circuit Court for Marshall County No. 14186 Charles Lee, Judge No. M2000-02356-CCA-R3-CD - Filed September 25, 2001 JOE G. RILEY, J., dissenting. I, like Judge Witt, respectfully disagree with Judge Welles’ conclusion that the trial court committed reversible error by failing to charge “casual exchange” as a lesser-included offense of possession with intent to sell. However, I also respectfully disagree with Judge Witt’s conclusion that the…